'Rights during investigation - legal assistance' in document 'Malawi - Constitution'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER IV
HUMAN RIGHTS

42. Arrest, detention and fair trial

(1) Every person who is detained, including every sentenced prisoner, shall have the
right —

(c) to consult confidentially with a legal practitioner of his or her choice, to be informed of
this right promptly and, where the interests of justice so require, to be provided with the services of a legal practitioner by the State ;

CHAPTER IV
HUMAN RIGHTS

42. Arrest, detention and fair trial

(1) Every person who is detained, including every sentenced prisoner, shall have the
right —

(e) to challenge the lawfulness of his or her detention in person or through a legal practitioner before a court of law ;

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it